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House File 2315

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.200A, subsection 1, Code 2001, is
  1  2 amended to read as follows:
  1  3    1.  The department shall issue permits for the
  1  4 construction, including the expansion, of animal feeding
  1  5 operation structures, including structures which are part of
  1  6 confinement feeding operations, as provided by rules adopted
  1  7 pursuant to section 455B.200.  The department shall issue a
  1  8 permit to an animal feeding operation if an application is
  1  9 submitted according to procedures required by the department
  1 10 and the application meets standards established by the
  1 11 department, regardless of whether the animal feeding operation
  1 12 is required to obtain such a permit.  The department shall at
  1 13 least require that a person obtain a permit for the
  1 14 construction of an animal feeding operation structure that is
  1 15 part of a confinement feeding operation, if the confinement
  1 16 feeding operation has an animal weight capacity of four
  1 17 hundred thousand pounds or more.  However, the department
  1 18 shall not require that a person obtain a permit for the
  1 19 construction of an animal feeding operation structure if the
  1 20 structure is part of a small animal feeding operation.  For
  1 21 purposes of this section, an animal feeding operation
  1 22 structure includes a manure storage structure.
  1 23    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 24 immediate importance, takes effect upon enactment.  
  1 25                           EXPLANATION
  1 26    This bill amends provisions in Code chapter 455B regulating
  1 27 animal feeding operations by the department of natural
  1 28 resources including confinement feeding operations, originally
  1 29 enacted in 1995 by House File 519 (1995 Iowa Acts, ch. 195)
  1 30 and amended in 1998 by House File 2494 (1998 Iowa Acts, ch.
  1 31 1209).  Statutes regulating animal feeding operations are
  1 32 divided in two places in Code chapter 455B:  division II which
  1 33 regulates air quality (e.g., separation distance requirements)
  1 34 and division III which regulates water quality (e.g.,
  1 35 construction permit and manure management plan requirements).
  2  1    The bill amends division III and specifically Code section
  2  2 455B.200A that requires the department to issue a permit prior
  2  3 to the construction of an animal feeding operation structure
  2  4 (e.g., a building or manure storage structure) that is part of
  2  5 a confinement feeding operation.  A confinement feeding
  2  6 operation is not required to obtain a construction permit if
  2  7 it is classified as a small animal feeding operation (having
  2  8 an animal weight capacity of 200,000 pounds for animals other
  2  9 than bovine and 400,000 pounds for bovine).  Under
  2 10 departmental rule (567 IAC 65.7) a permit is generally
  2 11 required if the confinement feeding operation has an animal
  2 12 weight capacity of 625,000 pounds or more for animals other
  2 13 than bovine or 1.6 million pounds or more for bovine.  Other
  2 14 rules apply to either require a permit when a confinement
  2 15 feeding operation uses an aerobic or earthen structure as part
  2 16 of a confinement feeding operation other than a small animal
  2 17 feeding operation or raise the animal weight capacity
  2 18 threshold when manure is stored on a dry matter basis (125,000
  2 19 pounds or more for animals other than bovine or four million
  2 20 pounds or more for bovine).
  2 21    The bill requires the department to at a minimum require
  2 22 that a person obtain a permit for the construction of an
  2 23 animal feeding operation structure that is part of a
  2 24 confinement feeding operation, if the confinement feeding
  2 25 operation has an animal weight capacity of 400,000 pounds or
  2 26 more.  The bill does not amend the exemption for small animal
  2 27 feeding operations.
  2 28    Generally under Code section 455B.191, a person who
  2 29 violates a provision of division III of the chapter is subject
  2 30 to a civil penalty not to exceed $5,000 for each day of such
  2 31 violation.
  2 32    The bill takes effect upon enactment.  
  2 33 LSB 6247HH 79
  2 34 da/sh/8
     

Text: HF02314                           Text: HF02316
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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